$10 Million Award To Gay Shooting Victim

The Michigan Court of Appeals has upheld a landmark $10 million
jury award to a victim of an anti-gay attack which left him a
paraplegic. The victim survived being shot six times after his
assailant verbally harassed and threatened him. The Court also
recognized the direct escalating link between verbal harassment and
serious assaultive violence in such attacks.

Pinkerton Security had been ordered to pay the victim because
their guard, who had been contracted to provide security services at
the victim's apartment building where the attack took place, did
nothing to prevent the harassment or shooting.

Sean McBride was shot six times on the night of 27 January 1994,
while entering his apartment building in Detroit. He had been taunted
and subject to anti-gay epithets, including "faggot," "fag," "bitch,"
and "sissy," by the assailant earlier in the evening. The Pinkerton
guard was present at the scene and observed the entire verbal
exchange as well as the shooting. The guard did nothing to intervene
or to put a stop to the episode.

In finding for Mr. McBride, the Court clearly recognized the
escalation factor in anti-gay bias incidents, and the danger posed by
what might at first appear to be simple harassment. Even in light of
Mr. McBride's admission that he had been subject to anti-gay taunts
in the past, the Court stated that "plaintiff's thick skin" did not
absolve Pinkerton from "their duty to protect plaintiff from the
criminal acts of those harassing him."

In fact, the Court found that "The nature of the verbal harassment
was both personal and offensive, and we do not find it unforeseeable
that the verbal harassment ultimately escalated to a physical
confrontation."

The ruling was made as the July Fourth weekend was just getting
underway, prompting Mr. McBride to say: "This truly represents my
independence. I feel vindicated and can move on with my life, trying
to put some sense and order to it after all these years waiting for
justice to be done."

"This ruling not only brings justice and closure for Sean, it also
stands as proof that people are getting the message that anti-gay
remarks are offensive and unacceptable, and that they indicate
danger, said Carol McNeilage, Mr. McBride's attorney. "This shows
that the work of the Triangle Foundation and others has had a major
impact in sensitizing people to the fact that comments and actions
have consequences, and now the offensiveness of anti-gay epithets is
officially recognized."

"This is a great day for Sean McBride," said Jeffrey Montgomery,
Executive Director of the Triangle Foundation, Michigan's leading gay
and lesbian civil rights organization. "Hopefully with this ruling,
Sean can get on with his life, which has been on hold while Pinkerton
tried to dodge its unpardonable responsibility in this terrible
incident."

"We are also very pleased to see that the Court was clear and
cognizant about the relationship between harassment and acts of
violence in bias motivated incidents," Montgomery added. "This is an
important and encouraging ruling for those of us who are engaged in
the daily task of combating hate-motivated violence."